4
i.
the State has complied with its obligations to pay the
compensation awarded in the instant case to Ms. De La Cruz Flores and her
next of kin;
ii.
it has established a trust fund in the name of the minor, Danilo
Alfredo Blanco De La Cruz, in the amount of USD30,000, and
iii.
has reimbursed Ms. De La Cruz Flores for costs and expenses.
c)
in regards to the duty to provide medical and psychological care to the
victim through the State’s health services, including the provision of free
medication, the State did not provide any information.
d)
in regards to the obligation to reinstate Ms. De La Cruz Flores to the job
she was performing as a medical professional in public institutions at the time of
her detention:
i.
Ms. De la Cruz currently holds the position of general doctor;
Level P-1, receiving a salary equivalent to the one she earned at the
time of her detention;
ii.
although Ms. De La Cruz Flores states that she has not been
reinstated to the Pediatric Unit, it does not constitute non-compliance
with the measures ordered by this Court in the Judgment. At the time of
her detention, Ms. De La Cruz was working as a general doctor, and
there is no record of any specialized degree in pediatrics in her file.
Therefore, ESSALUD, the Peruvian Social Health Insurance, is not
required to reassign her to a position in which she is not a specialist, and
iii.
the State has complied with this obligation through ESSALUD,
insofar as the Judgment orders that she be reinstated to a similar
position and not necessarily to the same position she held, which is
impossible given the amount of time that has elapsed and the vacancies
available.
e)
in regards to the duty to provide Ms. De La Cruz Flores with a grant for
training and professional development, the State did not provide any
information.
f)
in regards to the duty to re-enter Ms. De La Cruz Flores in the relevant
retirement register, the State did not provide any information.
g)
in regards to the obligation to publish the section entitled “Proven Facts”
as well as operative paragraphs 1 to 3 of the declaratory part of the Judgment
in the Official Gazette and in another daily newspaper with national circulation,
the State published the pertinent sections of the Judgment in El Comercio
newspaper, a nationwide newspaper, on December 30, 2005.
3.
The communications submitted by the representative of the victim (hereinafter
“the representative”) on February 2, 2005, April 29, 2005, June 20, 2005, May 18,
2006, July 13, 2006, August 2, 2006, August 8, 2006, September 20, 2006, December
21, 2006, February 24, 2007, and October 19, 2007 stating, inter alia, that:
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